What is Restorative Justice…?

The Victim’s Code (2006) gives every victim of crime the statutory right to be informed about Restorative Justice

Yet at the moment very few people know of this right, or know what Restorative Justice is, or have even heard of the term. Research by Why me? found that only around 5.5% of victims recall being told about restorative justice.

Restorative justice is a well-researched, structured and statistically proven intervention that aims to repair the harm caused by crime: the harm done to victims, the harm to offenders, and the harm to their communities

Some impacts of crime are obvious – physical injury, financial loss – but others are harder to spot: chronic anxiety, social withdrawal, anger, shame, poor mental health, eating disorders or substance abuse – just for example

The impact on offenders can be equally harmful: stigma, resentment, low self-esteem, shame, isolation, relationship breakdown, substance abuse and under-employment, getting trapped in a cycle of offending

And the impact of these various feelings and behaviours is borne by families, workplaces, neighbourhoods, schools, public services, emergency workers and health services, police, courts and prisons – at huge public expense

Research published in 2020 (Valuing Victims, Why Me? 2020) found that for every £1 invested in Restorative Justice, up to £14 is saved across other publicly funded services

At its core, Restorative Justice gives those harmed by crime the opportunity to engage in a personal dialogue with the person who caused that harm

It is not an alternative to the criminal courts. Nor is it an easy option

For those responsible, it involves listening to the impact of their actions, answering questions, and taking responsibility

For victims, it provides a chance to be heard and to have their questions answered. Despite long and often complex legal processes, even after sentence is passed, victims often feel dissatisfied and overlooked and have unanswered questions:

• Why me?
• Am l safe?
• Why did they do it?
• Do they understand how this impacted me?
• Will they do this again to somebody else?
• Are they even OK?

The restorative justice “dialogue” is carefully scrutinised and facilitated by professional practitioners – working closely with both parties. This preparation process is detailed, and takes place over weeks, months, or often years

Assessing and managing risk is paramount, and cases are frequently assessed as unsuitable due to risk to either party. In assessing risk there is close collaboration between involved parties such as police, probation, prisons, health – and whether the “dialogue” takes place in person or via letter or shuttle – any and all communication is closely monitored, structured and supported

For both parties, engaging in Restorative Justice means not simply accepting, passively, the decisions and outcomes made about them by a court, but taking an active, engaged role: to speak for themselves, to ask their own questions, explain their own perspectives, learn from each other, and agree a positive outcome. And that outcome will also depend on them – it cannot be externally enforced: it may be an apology – but doesn’t need to be – it may be to listen and simply acknowledge the other person’s experience. It may be to undertake a course of counselling, or to go back to college or fix a broken window …  every case is unique

For the harmer the experience is often challenging – to confront their actions directly. But crucially it is also a chance to show themselves in a different light – to demonstrate courage and honesty, to be prepared to learn about the harm they have caused, and commit to a personal agreement.

Worldwide, Restorative Justice is practised in over 50 countries around the world. It can be used in all cases ranging from workplace disagreements and anti-social behaviours to the most serious offences including sexual and domestic violence offences. In the cases that do go ahead, research has shown clear benefits:

• 45% reduction in PTSS (Angel et al 2014)
• reoffending reduced by 14–27%
• 85% victim satisfaction (Valuing Victims, WhyMe? 2020)

In Warwickshire, Restorative Justice is commissioned through the charity Victim Support – the UK’s largest independent charity supporting victims

Restorative Justice, Warwickshire aims to make Restorative Justice a familiar concept to everyone – understood and easily accessible to members of the public and the professionals they work with.

Health settings are trusted, well-visited places where members of the public can access information about Restorative Justice and health professionals are of course brilliantly placed to identify patients to whom it may be helpful – whether as victims or offenders or families trying to support them

Patients who may be struggling with anxiety or anger, distrust of authority, sleep or eating issues, substance abuse… and who may be saying things to you like “why did they do it?” “I feel so guilty” “I can’t stop thinking about what happened” “the court case was useless” “I don’t want them to worry” “I want them to know what I went through”

Even if a dialogue is not possible – due to practical or safety issues – many people find that talking through the issues with a trained facilitator – perhaps engaging in empty chair exercises or role play – can also be extremely helpful

Referrals

Health Professional Referrals: Harmer and Harmed Warwickshire Referral Form

Self-referrals:                           Restorative Justice Warwickshire Self-Referral Form